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Commentary Immigration Organizing Social Justice

Comment on the Biden Administration’s Continued Support of Trump-Era Immigration Title 42 and Remain in Mexico Policies

The Biden administration is continuing Trump-era immigration policy. The Left must organize against it.

| José Z. Calderón |

Biden could have broken with Trump’s anti-immigrant policies and allowed anyone who wished to apply for asylum to be able to do so at a port of entry and increase the possibilities of immigrants from Central America and from places like Haiti to obtain lawful employment (through such measures as H-2B visas).

Instead, the Biden administration has kept in place a Trump-era policy, Title 42, which does the opposite by indefinitely closing the border to “nonessential travel” (to supposedly “limit the spread of the coronavirus”) and increases the deportation of those who are seeking work or who are seeking to apply for asylum. Title 42, under both the Trump administration and now under Biden, allows for the Border Patrol to decide who can enter the process of asylum and who cannot. As a result, in the last year, border authorities applied Title 42 to more than 80% of encounters with immigrants resulting in 530,000 expulsions of which 16,000 were children migrating alone and 34,000 children-plus parents. Adding to the number of expulsions, the Biden administration has moved on speeding up deportations of some migrant families through “expedited removal,” allowing for ICE to deport them without a hearing before an immigration judge.  

In this light, our organizing efforts, in addition to supporting DACA and Temporary Protective Status measures, has to include a halt to the contradictory government policies of Title 42 and a call for humane refugee asylum policies. 

Along these same lines, it is important to organize against the Biden administration’s reinstating of a Trump-era “Remain in Mexico” policy, that is part of a deal struck with the Mexican government forcing asylum seekers to stay in that country until their U.S. immigration court date. Under this policy, about 70,000 immigrants have been returned to Mexico. Although the Biden administration justifies its actions by claiming that it is only following court orders, that it is applying “humanitarian speed-ups” of court proceedings of migrants and refugees, and that it is providing avenues for access to legal counsel, there is no getting around that the ‘Remain in Mexico’ policies are resulting in mass deportations and inhumane treatment. There are thousands of immigrants, seeking protection from increased violence in their home countries, who are being deported back to areas where they are met with brutal attacks and kidnappings perpetrated by deadly cartels and corrupt officials.  For instance, according to Human Rights First, there were at least 1,544 publicly documented cases of rape, kidnapping, assault, and other crimes committed against individuals sent back under these policies this last year. 

Meanwhile, Kamala Harris has been assigned to focus on the “root” causes of migration in Latin America, announcing that the plan will deal with issues of  economic insecurity and inequality, combating democratic corruption, and promoting respect for human rights. 

While some of us in the immigrant rights movement have promoted policies that would focus on changing the economic conditions in the sending countries that are forcing so many to migrate here, the reality is that they are meaningless in this time period when there is a need to prioritize the passage and implementation of pro-immigrant legislation here in the U. S.  These gestures by Kamala Harris, focused on the conditions abroad, affect very little in the immediate and, with the Republicans already making immigration a central issue, the prospects for building the kind of movement that is needed to ensure the defeat of the right in the mid-term elections is further damaged.

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